Southern Railway Co. v. Fidelity & Casualty Co.

ORDER

CHAPMAN, District Judge.

This case was tried before the Court and jury on February 14, 1977. The plaintiff rested its case in the afternoon and various motions were made by the defendant for directed verdicts. All defense motions were denied and two defense witnesses were heard prior to the evening recess. That night the Court again considered defend*10ant’s motions, studied the briefs of the parties and concluded that there was no factual issue for the jury that the defendant was entitled to judgment. Accordingly, the next morning, the defendant was granted a directed verdict and the jury…